Instructions for Form CAO GCSM1-1 "Petition to Modify an Order, Judgment, or Decree (Hw)" - Idaho

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CAO GCSM INSTRUCTION 1-1
PETITION TO MODIFY AN ORDER, JUDGMENT OR DECREE (HW)
Talk to an attorney, if possible.
WARNING: These instructions are not a substitute for legal advice. The laws and court rules
are complex and following these instructions will not guarantee you a favorable result. We
always recommend you talk to a lawyer about your problem before filing your paperwork. If you
cannot afford to hire an attorney to represent you, you may be able to pay a lawyer to give you
advice and review your paperwork for a lesser cost. Contact the Idaho State Bar Lawyer
Referral Service (208-334-4500) for the name of an attorney in your area who will provide an
initial half-hour consultation for $35. Contact the Court Assistance Office for information about
resources for low-income people, or visit the Idaho Supreme Court’s Self-Help Center at
http://www.courtselfhelp.idaho.gov/.
You will be signing a sworn statement that you have read the Petition, know what it says, and
believe it’s true. To guarantee the truthfulness of that statement, be sure to read the entire
completed form.
Instructions.
Fill in the forms by typing or by printing neatly and legibly in black ink. The documents have a
boldface “or” at the start of optional sections. If the section does not contain a boldface “or” it is
necessary and you should type in the appropriate information (which might be the word “none”).
Always keep a copy of the completed form for your records.
At the top left-hand corner of page 1, fill in your full legal name, mailing address, telephone
number, and email address if you have one.
The Court Heading. Fill in the county and judicial district in capital letters (for example, “IN THE
DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT, IN AND FOR THE COUNTY OF
BANNOCK”) exactly like it is in the Order, Judgment, or Decree you are asking to be changed.
The Caption. Fill in the names of the Petitioner and Respondent exactly as they appeared in
the caption in the original case.
The Case No. Fill in the case number from the original court case. This is not the same as your
Department of Health and Welfare Child Support case number.
Fill in your full legal name and check the box to indicate if you are the Father or the Mother.
1. Fill in the name and date of birth for each minor child and the city and state where each child
has lived for the last five years. If none of the children and no parent still live in Idaho, the Idaho
court may lack authority (“jurisdiction”) to modify custody. In that event you should consult an
attorney to determine whether there may be other grounds for jurisdiction under the Uniform
Child Custody Jurisdiction and Enforcement Act, Section 32-11-203, I.C.
2. Write in the city, county and state where Mother resides and the city, county and state where
Father resides.
3. UCCJEA Jurisdiction.
You are required to inform the court if there have been any other cases involving your child/ren
in any court or if there are any other people claiming custody or visitation rights with the
PETITION FOR MODIFICATION (HW)
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CAO GCSM INSTRUCTION 1-1 07/01/2016
CAO GCSM INSTRUCTION 1-1
PETITION TO MODIFY AN ORDER, JUDGMENT OR DECREE (HW)
Talk to an attorney, if possible.
WARNING: These instructions are not a substitute for legal advice. The laws and court rules
are complex and following these instructions will not guarantee you a favorable result. We
always recommend you talk to a lawyer about your problem before filing your paperwork. If you
cannot afford to hire an attorney to represent you, you may be able to pay a lawyer to give you
advice and review your paperwork for a lesser cost. Contact the Idaho State Bar Lawyer
Referral Service (208-334-4500) for the name of an attorney in your area who will provide an
initial half-hour consultation for $35. Contact the Court Assistance Office for information about
resources for low-income people, or visit the Idaho Supreme Court’s Self-Help Center at
http://www.courtselfhelp.idaho.gov/.
You will be signing a sworn statement that you have read the Petition, know what it says, and
believe it’s true. To guarantee the truthfulness of that statement, be sure to read the entire
completed form.
Instructions.
Fill in the forms by typing or by printing neatly and legibly in black ink. The documents have a
boldface “or” at the start of optional sections. If the section does not contain a boldface “or” it is
necessary and you should type in the appropriate information (which might be the word “none”).
Always keep a copy of the completed form for your records.
At the top left-hand corner of page 1, fill in your full legal name, mailing address, telephone
number, and email address if you have one.
The Court Heading. Fill in the county and judicial district in capital letters (for example, “IN THE
DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT, IN AND FOR THE COUNTY OF
BANNOCK”) exactly like it is in the Order, Judgment, or Decree you are asking to be changed.
The Caption. Fill in the names of the Petitioner and Respondent exactly as they appeared in
the caption in the original case.
The Case No. Fill in the case number from the original court case. This is not the same as your
Department of Health and Welfare Child Support case number.
Fill in your full legal name and check the box to indicate if you are the Father or the Mother.
1. Fill in the name and date of birth for each minor child and the city and state where each child
has lived for the last five years. If none of the children and no parent still live in Idaho, the Idaho
court may lack authority (“jurisdiction”) to modify custody. In that event you should consult an
attorney to determine whether there may be other grounds for jurisdiction under the Uniform
Child Custody Jurisdiction and Enforcement Act, Section 32-11-203, I.C.
2. Write in the city, county and state where Mother resides and the city, county and state where
Father resides.
3. UCCJEA Jurisdiction.
You are required to inform the court if there have been any other cases involving your child/ren
in any court or if there are any other people claiming custody or visitation rights with the
PETITION FOR MODIFICATION (HW)
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CAO GCSM INSTRUCTION 1-1 07/01/2016
child/ren. In paragraphs 3a, b, c and d, check the appropriate box and provide all requested
information.
4. Before asking the court to modify (change) the order, judgment or decree now in effect, you
must provide information to the court explaining what significant change(s) in circumstances
make the modification necessary. Describe the change(s) that have occurred since the most
recent order, judgment or decree.
5. Custody
Check the first box if there will be no change.
Check the second box if you are seeking to have the previous order, judgment or decree
modified with respect to custody (or “Parenting Plan”) and
o Write in the date of the most recent Custody Judgment, Order, or Decree. Consult the
court file if you are unsure about the date of the most recent order, judgment or decree.
Note: There may be different orders, judgments or decree if you have changed either
support or custody before.
Legal Custody.
“Joint legal custody” means the parents are required to share the decision-making rights,
responsibilities and authority relating to the health, education and general welfare of the
child/ren. The court will award joint legal custody unless you can prove it would not be in the
best interest of the minor child/ren for the other parent to share the decision-making rights.
Check the first box if there will be no change.
Check the second box if both parents are fit persons to share the decision-making rights,
responsibilities and authority relating to the health, education and general welfare of the
child/ren, or
Check the third box if you are declaring that one parent should have sole legal custody of the
child/ren, and
o Write in the name of the parent who should be awarded sole legal custody and
o State why the other parent should NOT be allowed to share legal custody.
Physical Custody.
“Joint physical custody” means each parent has significant periods of time in which a child
resides with or is under his/her care and supervision. Joint physical custody assures the
child/ren frequent and continuing contact with both parents but does not necessarily mean the
child spends exactly the same amount of time with each parent. The court will award joint
physical custody unless you can prove it would not be in the best interest of the minor child/ren.
Check the first box if there will be no change. or
Check the second box if both parents should be given physical custody of the child/ren and
o Complete the Parenting Plan. (Both parents may sign the Parenting Plan, but it is not
required). Write Exhibit A on the bottom of the first page of the Parenting Plan and
attach (staple) it to the Petition for Modification. IMPORTANT: The Parenting Plan
must be attached to make it a part of the Petition for Modification. Make an extra
copy of the Parenting Plan to attach (staple) to the Modification Order. or
Check the third box if you are asking the court to give sole physical custody of the child/ren
to only one parent, and
o Write in the name of the parent should be given sole physical custody and
o State why the other parent should NOT be given periods of time when the child/ren
resides with or is under his/her care and supervision.
o If you want the court’s order to give the other parent restricted or conditional time with the
PETITION FOR MODIFICATION (HW)
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CAO GCSM INSTRUCTION 1-1 07/01/2016
child/ren, write in the parent’s name and
o State specifically what you want the court to order; or check the box to refer to the
Parenting Plan you will attach (staple) to your Petition.
6. Child Support
Note: If the percentage of time the child/ren is with each parent is changed, the amount of child
support will probably also need to be changed. Before you complete this section, you will first
need to complete an Affidavit Verifying Income and a Child Support Worksheet. A Court
Assistance Officer will be able to help you generate these documents if you provide the required
information. The Child Support Worksheet will be used to complete this section. If you want the
court to enter a support amount that is different from the Idaho Child support Guidelines amount,
you must come to court for a court hearing and persuade a judge why that is in the best interests of
your children and meets their financial needs.
If there is already an order, judgment or decree signed by a judge, for example in a different
case filed by the Department of Health & Welfare, that sets child support, check the first box,
and
If you want that order, judgment or decree to continue and control child support instead of
getting a new judgment, check the second box. Then make a copy of that Order, Judgment
or Decree mark it as Exhibit E and attach (staple) it to the Judgment of Modification.
Do
not complete the remaining portions of paragraph 5. Or
Check the third box if you believe there are substantial and material reasons why the child
support set in the other case should be changed by a judgment issued in this case which
would control future child support payments. Check the boxes that describe the change(s)
that have occurred since the most recent order, judgment or decree. If none of the boxes
apply, provide your own description of the changes.
Warning: You should be aware that jurisdiction as to child support is a complicated issue and
having a child support order in a separate case can create problems for enforcement and future
modifications of the order.
And/Or
If there is NOT a child support order, judgment or decree check the fourth box, and
Write in the name of the parent who will pay child support and from the child support
worksheet, insert the basic monthly child support before any adjustments and the day of the
month you want the payments to be made.
In paragraph 5a, if you have more than one minor child, check the box. You will need to
have a separate calculation to reflect the changed amount of support as each child is no
longer eligible for support under Idaho law. These calculations are provided if you have
used a computer program to calculate child support. A Court Assistance Officer can help
you with these calculations if you do not have them.
Warning: If you are the parent paying child support (the “obligor”) you should be aware the Order
will provide for collection of child support from your wages and from your real estate or personal
property. The Order will also provide that if you move to another state, the child support can be
enforced directly by courts in other states. Additionally, you should be aware that, according to
Idaho law, if unpaid child support equals or exceeds the total support owing for ninety (90) days or
the sum of $2,000, whichever is less, you are subject to suspension of any license to practice or
PETITION FOR MODIFICATION (HW)
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CAO GCSM INSTRUCTION 1-1 07/01/2016
engage in any business, occupation or profession, operate a motor vehicle, carry a concealed
weapon, or engage in any recreational activity, including hunting or fishing. Further, the State Tax
Commission will withhold and set-off any state tax refund to collect any unpaid child support, or
unpaid spousal support, and the Idaho State Lottery will likewise withhold and set-off a prize of a
lottery prize-winner.
Extended Visits
In paragraph 5b, check the first box if the child/ren will be living in the home of one parent at
least 75% of the time under your proposed parenting plan. If you do not check this box, go
directly to paragraph 5c. Otherwise,
Check the second box in paragraph 5b if you want the court to order a reduction in child
support when the parent paying child support has physical custody of the child/ren for 14 or
more overnights in a row. Next, check the appropriate box to indicate if the reduction should be
50% or some other percentage.
Check the next box if you have more than one child, but the parent paying child support will
have some, but not all of the children for a period of 14 overnights in a row. If this box is
selected, the reduction of support will be applied only to the child/ren who are actually with
the parent paying child support during those 14 overnights in a row.
Note: If the child/ren resides with each parent more than 25% of the time (overnights), this is
considered shared physical custody and certain adjustments are made in the calculation of child
support. Section J(5) of the Idaho Child Support Guidelines, Rule 126 of the Idaho Rules of Civil
Procedure, describe “Shared Physical Custody” and computation of child support with that
parenting arrangement. The reduction of child support for extended visits is not permitted if child
support has been calculated with a shared physical custody adjustment. You can get a copy of
the Child Support Guidelines from a Court Assistance Office or the Internet at
http://www.courtselfhelp.idaho.gov/.
Work-Related Child Care Costs
Work related child care costs are separate from the basic monthly child support amount. Check
the box in paragraph 5c you want the court to order the parent paying child support to also
contribute to the payment of work related child care costs.
Check the first box if there will be no change, or
Fill in the percentages each parent will pay.
Note: Under this section you are asking the court to require each parent to pay their share
directly to the care provider if permitted by the provider, otherwise, the parent who pays the
costs must be reimbursed within ten days after the other parent receives a copy of the bill
and proof of payment.
Medical Insurance
The cost of medical, dental and/or optical insurance for the child/ren is separate from the basic
monthly child support amount. The cost is prorated between the parents in proportion to their
Guidelines income.
Check the first if there will be no change. Or
Check the second, third, fourth or fifth box to indicate how health insurance coverage for the
child/ren is now being provided. If you select the second box, write in the name of the
parent(s) currently providing health insurance.
Warning: The Judgment will provide: Failure to provide medical insurance coverage may result
in the direct enforcement of a medical support order by either the obligee (party or parent other
PETITION FOR MODIFICATION (HW)
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CAO GCSM INSTRUCTION 1-1 07/01/2016
than the parent ordered to carry or provide a health benefit plan for the parties' minor child/ren)
or the Department of Health and Welfare. A national medical support notice will be sent to your
employer, requiring your employer to enroll the child in a health benefit plan as provided by
Sections 32-1214A through 32-1214J, Idaho Code, and applicable rules of the department.
Health Care Costs Not Paid by Insurance
The actual cost incurred for health care expenses for the child/ren not paid in full by insurance is
separate from the basic monthly child support amount and is also prorated between the parents
in proportion to their Guidelines income.
Check the first box if there will no change, Or
Insert the correct percentages for the division of these costs. (Refer to the child support
worksheets for these percentages)
Next, check the appropriate box indicating how insurance and health care costs should be paid.
Income Tax Exemption
Both parents are entitled to share in the benefits of income tax credits and exemptions for the
child/ren regardless of which parent actually claims those benefits in a tax return.
Check the first box if there will be no change, Or
Check the second box in paragraph 5f to divide the value of tax benefits and exemptions for
the child/ren according to the Child Support Guidelines. Insert the name of the parent who will
claim each child as a dependent on their income tax return(s). (If you do not agree otherwise,
the parent with the most income will claim the children.) Note: The child support calculation
must reflect the same designation.
Check the third box if both parents want to agree to a different division of these benefits. Note:
If you select this option you will be required to provide the judge a written document signed by
both parties showing your agreement. Do not select this option unless you have, or are sure
you can obtain that written document. If you select the first check box option, you may always
agree later to a different division by filing a written stipulation with the court.
Summary of Basic Child Support and Adjustments
Paragraph 5g is a summary of all of the choices on child support you have selected in the prior
sections. Refer to all of the sections of paragraph 5 and your Affidavit Verifying Income and
Child Support Worksheets, then insert the correct percentages and amounts in the summary.
The options, amounts and percentages you insert in the summary, must be exactly the same as
those you selected or inserted in the prior sections. Attach (staple) a copy of your Affidavit
Verifying Income and Child Support Worksheets to the Answer and Counterclaim, marking each
as Exhibit B.
Signature. Leave the spaces for the State and County blank. Sign and date the form certifying
that you have read the information and it is true and accurate, subject to the penalty of perjury if
it is not.
Exhibits: Mark your Parenting Plan as Exhibit A and your Child Support Affidavit and
Worksheet(s) or Child Support Order, Judgment or Decree from another case as Exhibit B.
Make an extra copy of the Parenting Plan for use with the Judgment of Modification, before
attaching (stapling) to the Petition. Attach (staple) Exhibits to the Petition with a staple. Make
additional copies of the Petition with Exhibits attached (stapled) so there is a copy for each party.
Take the original and copies to the clerk of the court for filing and conforming.
Refer to CAO GCSM Instruction 1 – Filing for Modification (HW) – for complete instructions.
PETITION FOR MODIFICATION (HW)
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